Loading...
HomeMy WebLinkAbout2011-1181 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 20 21 23 24 25 RESOLUTION NO. 2011-118 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A FOOD SERVICE AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR THE DELIVERY OF TYPE A LUNCHES TO CITY SITES FOR THE DISTRICT'S YEAR-ROUND AND SUMMER LUNCH PROGRAM FOR FY 2011-12 (YEAR ONE OF THREE), WITH TWO OPTIONAL SINGLE YEAR RENEWALS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager is hereby authorized to execute a FOOD SERVICE AGREEMENT with the San Bernardino City Unified School District relating to delivery of Type A Lunches to city sites for the District's Year-Round and Summer Lunch Program for FY 2011-12. A copy of said Agreement is attached hereto and marked Exhibit "A"; and SECTION 2. That the implementation date of the Agreement is July 1, 2011; therefore, any action taken between July 1, 2011, and the date that this Resolution is adopted is hereby ratified. ~~/ /// //~ ~~~ ~/~ ~/~ /// ~// 28 2011-118 EXHIBIT A SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" Street San Bernardino, California 92410 FOOD SERVICE AGREEMENT (Fiscal Year/Reimbursement) THIS AGREEMENT is made and entered into this 1st day of July, 2011, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT," and the CITY OF SAN BERNARDINO-Parks, Recreation & Community Services Department, hereinafter referred to as the "CITY." RECITALS: WHEREAS, the CITY desires to have Type A meals provided; and, WHEREAS, the DISTRICT has facilities for the preparation of the needed meals, and the DISTRICT is willing to provide such service to the CITY subject to USDA Seamless Summer Food Service Program guidelines and reimbursement availability and/or on a cost basis; NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows: I. Agreement Term The term of this Agreement shall be from July 1, 2011, through June 30, 2012, inclusive, but may be canceled by either party upon the giving of thirty (30) days written notice to the other party. This Agreement may be extended by mutual written consent one fiscal year at a time up to a total of three (3) years, subject to the terms and conditions agreed upon by both parties by June 30th of each year. Written notice of changes to terms and conditions may include, but are not limited to, price, location(s) and number of meals served. II. Other Terms A. Each meal shall comply with Type "A" requirements, set by the United States Department of Agriculture for the National Student Lunch Program for students' nutritional needs. The contents of the menus shall contain such items as are necessary to meet these requirements. B. Meals provided under this agreement shall include: school lunch kit w/milk, straw and other items, as deemed appropriate by the DISTRICT. C. Meals shall be prepared for the CITY locations as specified below. Delivery locations may be added, deleted, or changed if requested in writing by the CITY and approved in writing by the DISTRICT. - Delivery 1: Lytle Creek Comm. Center, 380 S. K St. (Year- Round) G:\Usar\REQUESI\Food Service Agreements\City of San Bernardino Parks, Rac. Comm. S@es~2011 Standard Reimbursable Agreement City of San Bernardino.doc Page 1 of 7 2011-118 EXHIBIT A D. E. - Delivery 2: Ruben Campos Comm. Center, 1717 S1h St. (Year- Round) - Delivery 3: Rudy C. Hernandez, 222 N. Lugo Blvd. (Summer) - Delivery 4: Phoenix West, 1367 N. California Street (Summer) - Delivery 5: Phoenix Central, 1671 N. Sierra Way (Summer) - Delivery 6: Nicholson Community Center, 2750 W. 2nd Street (Summer) - Delivery 7: Center for Individual Development (CID), 8088 Palm Ln. (Summer) All notices, invoices, payments, address changes, and other correspondence may be given by United States mail to the following addresses: CITY City of San Bernardino Parks, Rec. & Comm. Svcs. Dept. 1350 South "E" Street San Bernardino, CA 92408 PH: 909.384.5332 FAX: 909.384.5160 DISTRICT San Bernardino City U.S.D. Nutrition Services Dept. 1257 Northpark Boulevard San Bernardino, CA 92407 PH: 909.881.8000 FAX: 909.881.8016 Delivery (Deliver, Delivered) within this document is defined as the point-in- time when the CITY takes custody of the meals. III. Payment A. The DISTRICT will not be paid by the CITY for student lunches eligible for reimbursement under the applicable Program(s.) Instead, the DISTRICT will file reimbursement claims for eligible meals, at the current reimbursement rate, which may be changed from time to time. Any meals provided to the CITY, which do not qualify for reimbursement, shall be billed to the CITY at the current cost. A reimbursable meal shall be defined as the first meal served to a school age participant on any operational day per the site's annual calendar. All second meals provided to school age participants and any Adult meals requested shall be billed accordingly. Left-over and second meals are not reimbursable. B. The cost per Box Style meal to the CITY is as follows: o Student lunch = $2.90 each o Student breakfast = $2.00 each o Student snack = $1.35 each o Adult lunch = $3.05 each o Said rate(s) may be subject to a proportionate increase in the event of a reduction in Federal reimbursement and/or subsidies, if applicable. o Minimum Requirement: Twenty (20) meals for delivery. G:\User1REQUESiIFood Service AgreementslCity of San Bernardino Parks, Rec. Comm. Sitest2011 Standard Reimbursable Agreement City of San Bernardino.doc Page 2 of 7 2011-118 EXHIBIT A IV. DISTRICT Responsibilities A. The DISTRICT will prepare and deliver meal components, including frozen products as required by menu, at or before the lunch hour each operational day when children are present at the CITY, in accordance with the number of meals requested for that day. B. The District agrees to make every effort to deliver meals at the time requested. In the event of mechanical breakdown, act of God, emergency, or other situation which may delay delivery, the District shall notify the CITY of the delay as soon as possible, and shall advise of estimated delivery time. No charge shall be made for meals which are delivered more than two (2) hours after the normal delivery time. C. The DISTRICT will be responsible for the temperature and quality of the lunches until the time of delivery. Perishable meal components requiring refrigeration will be refrigerated up to the time of delivery. The DISTRICT has provided a thermometer for each location and advised of the correct temperature level that meal components must be heated to for the meal components that require heating. (Note: The DISTRICT is not responsible for replacing thermometer(s) or cleaning supplies.) The DISTRICT will also provide serving scoops and instruction for proper serving size, if applicable. D. If applicable, the DISTRICT agrees to pick up any carts and/or containers on the operational day after the operational day of delivery. E. The DISTRICT will mail the CITY an itemized invoice on or before the 25th day of each month for the previous month's deliveries including any billable items, such as: 1) meals that were provided but were not eligible for reimbursement, 2) any adult meals, and 3) any penalty fees. F. If applicable, the DISTRICT assumes all liability for proper use and protection of surplus commodities that may be assigned to it by the CITY. G. The DISTRICT agrees to provide the CITY with monthly menus, one week prior to the beginning of the period covered by said menu as well as the District's annual calendar showing operational days and non-operational days holidays. Such information is also available for viewing at the District's website: www.sbcusd.com H. The DISTRICT will maintain all necessary records on the nutritional components of the lunches and the number of lunches delivered to the CITY and make said records available for inspection by State and Federal authorities upon request. I. The DISTRICT shall train the CITY to receive, review, and approve all free and reduced price meal applications; complete meal count reports; edit check G:1User1REQUESnFood Service Agreements\City of Sen Bernardino Parks, Rec. Comm. SRes12011 Standard Reimbursable Agreement City of San Bernardino.doc Page 3 of / 2011-118 EXHIBIT A reports; perform verification process; and maintain all necessary records to substantiate the above items. J. The DISTRICT shall prepare all claims for reimbursement under its own agreement number and submit the prepared claims. V. CITY Responsibilities A. The CITY understands they are to request by telephone, no later than 12:00 p.m. (noon) on the operational day preceding the operational day of delivery, an accurate number of meals to be delivered. The District shall use the last count received in the event the CITY fails to notify the District in a timely manner the number of meals needed. Errors in count called in shall be the responsibility of the CITY. B. The CITY shall ensure that an individual is available between 8:00 a.m. and 11:00 a.m. (or as mutually agreed with Nutrition Services Department Program Manager) each operational day to receive the requested number of meals and will immediately notify the DISTRICT if a meal is lacking a component. If the DISTRICT is not notified of a meal lacking a component within'/z hour after delivery, the DISTRICT will charge for the meal. Upon immediate notification, at its discretion, the DISTRICT may either deliver the missing component, or there shall be no charge for the incomplete meal. No charge shall be made for meals that are unwholesome according to the standards set by the Public Health Department of the County of San Bernardino. C. The CITY shall provide personnel to serve meals, clean the serving and eating areas, remove all food from carts, carrying cases, pans and/or boxes, and assemble empty items for pick up by the DISTRICT between 8:00 a.m. and 11:00 a.m. on the operational day following the operational day of delivery. The CITY shall pay the cost of necessary repair of replacement of any DISTRICT items damaged or lost as a result of use by the CITY. D. The CITY will provide an annual calendar of its operational days and holidays/non-operational days to the DISTRICT in advance of any deliveries made under this Agreement. The CITY shall also advise the DISTRICT at least three (3) operational days in advance of any non-operational day, to ensure that lunches are not delivered on non-operational days. E. The CITY shall establish collection procedures which are in accordance with State and Federal regulations relating to the overt identification of needy pupils and keep accurate records of the number of free, reduced price, paid, and adult meals served daily. No differentiation between children receiving free, reduced, or paid meals shall be made. The CITY shall follow all requirements of Education Code Section 49557, specifically section (2) which stipulates no overt identification of any of the children by any means. G:1User1REQUESl\Pood Service Agreements\Cily of San Bernardino Parks, Rec. Comm. SRes\2011 Standard Reimbursable Agreement Cdy of San Bernardino.doc Page 4 of 7 2011-118 EXHIBIT A F. The CITY will assign to the DISTRICT all commodities for which the CITY may be entitled and the liability for use of such commodities. G. The CITY agrees to pay the DISTRICT, within 30 days from date of invoice, the full amount as presented on the monthly itemized invoice. The CITY will be subject to a penalty fee of $25.00 per month for each month an invoice is not paid on time. Late payments equal to or greater than two monthly invoices will be cause for the District to immediately suspend meal deliveries until the amounts due have been paid, or arrangements satisfactory to the District have been made for payment of all past due invoices. H. The CITY shall serve the correct portion size following receipt of meals, heat specified meal components to temperature indicated, as applicable, and bear the sole responsibility to properly care for all perishable food items after they have been delivered to the delivery site by the DISTRICT until the time of ultimate consumption. I. The CITY shall bear the cost of any losses resulting from theft or improper storage once the food or meals are received or delivered to authorized CITY personnel; the CITY assumes the responsibility to dispose of such and return no food items. If the CITY has ordered more food than it is able to consume, it shall not be entitled to any credit on said items from future food orders, and the CITY shall bear the cost of any meals which do not qualify for reimbursement. J. The CITY will receive, review, and approve all free and reduced price meal applications; complete meal count reports; edit check reports; perform verification process, follow and assume responsibility for all reimbursement program guidelines, and maintain all necessary records to substantiate the above items and make said records available for inspection by Federal and State authorities upon request. The CITY will complete Daily Meals Served Reports and fax these reports to the DISTRICT's Nutrition Services Department on a weekly basis. The CITY agrees that it shall fax all Reports for each month no later than the fifth working day after the end of that particular month. The CITY will be subject to a penalty fee of $25.00 per site, per month, when all the Reports have not been received within five (5) days of the end of that month. K. The CITY shall keep on file during the term of this agreement and for a period of three (3) years thereafter a copy of the Daily Meals Served Reports and the Transport Records (meals received) for each operational day covered by this agreement. The CITY agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by the DISTRICT and agrees to cooperate with the DISTRICT in receiving, replying to, and/or complying with any audit exceptions by appropriate state or federal agencies concerning this Agreement. The CITY also agrees to pay to the DISTRICT, within thirty (30) calendar days of demand by the DISTRICT, the full amount G:1User1REQUES1~Food Service AgreamentslCity of San Bernardino Parks, Rec. Comm. SHes12011 Standard Reimbursable Agreement City of San Bernardino.doc Page 5 of 7 2011-118 EXHIBIT A of the DISTRICT'S liability to the state or federal government, if any, for meals provided under or due to the operation of this Agreement. On-site inspections shall be conducted, without prior notice, upon presentation of identification by DISTRICT personnel, for the purposes of ensuring compliance with this Agreement. L. Cancellation shall be by thirty (30) days written notice for each delivery location. A notice of less than 30 calendar days will be subject to a penalty fee charged equal to the price of the average number of meals ordered per service day, for the first (5) service days. M. The CITY shall be responsible for contacting the County Environmental Health for plan approval, obtaining appropriate operational permit(s) prior to providing food service, and successfully passing two (2) health inspections per school year, per delivery site, or as required, by the Department of Public Health, County of San Bernardino. The CITY shall be solely responsible for any expenses related to resolving any health department findings including, but not limited to, corrective actions and/or site repairs required by the health department. Non-compliance with inspections and/or failure for the site to meet minimum health department requirements is grounds for immediate cancellation of service by the DISTRICT. VI. Hold Harmless The CITY and the DISTRICT each shall, at its own cost, indemnify, defend, and hold harmless the other party and its departments, agents, officers, and employees from any and all claims or sums which either party or any of its departments, agents, officers, or employees may be obligated to pay by reason of any liability of any kind imposed upon them, including damages to property or injury or death of persons, arising out of the performance of the services rendered or caused by any error, omission, or act of any person employed or of any others for whose acts either party is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees. Said indemnification shall include, but not be limited to, any liability resulting from defective or spoiled food once the food has been delivered and any injury to personnel in or about the premises of either the DISTRICT or the CITY. VII. Special Provisions The CITY certifies it will not discriminate, as hereby certified, on the basis of race, color, national origin, ancestry, sex (including sexual harassment), marital status, handicap, disability, medical condition, religion, or age in any of its policies, procedures, or practices in compliance with: Title VI and VII of the Civil Rights Act of 1964, as amended (pertaining to race, color, national origin, and religion); Title IX of the Education Amendments of 1972 (pertaining to sex); G:1User1REQUESi~Food Service AgreemenfslCity of San Bernardino Parks, Rec. Comm. Sdes12011 Standard Reimbursable Agreement City of San Bernardino.dac Page 6 of 7 2011-118 EXHIBIT A _ Section 504 of the Rehabilitation Act of 1973 (pertaining to handicap); The Age Discrimination Act of 1975 (pertaining to age); '- The Fair Employment and Housing Act of 1980 (pertaining to ancestry, race, national origin, color, sex, religion, physical handicap, medical condition, marital status, and age); and The Americans with Disabilities Act of 1990 (pertaining to disability) This non-discrimination policy covers admission and access to, and treatment and employment in, the DISTRICT'S programs and activities. IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AUTHORIZED SIGNATURE Printed Name: Title: Date: MOHAMMAD Z. ISLAM Chief Business and Financial Officer Date: G:1User1REQUEST1Foed Service Agreements\City of San Bernardino Parks, Rec. Comm. Sites\2o11 Standard Reimbursable Agreement City of San Bernardino.doc Page 7 of 7 2011-118 SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" Street San Bernardino, California 92410 FOOD SERVICE AGREEMENT (Fiscal Year/Reimbursement) , THIS AGREEMENT is made and entered into this 1st day of July, 2011, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT," and the CITY OF SAN BERNARDINO-Parks, Recreation & Community Services Department, hereinafter referred to as the "CITY." RECITALS: WHEREAS, the CITY desires to have Type A meals provided; and, WHEREAS, the DISTRICT has facilities for the preparation of the needed meals, and the DISTRICT is willing to provide such service to the CITY subject to USDA Seamless Summer Food Service Pro rg am guidelines and reimbursement availability and/or on a cost basis; NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows: I. Agreement Term The term of this Agreement shall be from Jul~l, 2011, through June 30, 2012, inclusive, but may be canceled by either party upon the giving of thirty (30) days written notice to the other party. This Agreement may be extended by mutual written consent one fiscal year at a time up to a total of three (3) years, subject to the terms and conditions agreed upon by both parties by June 30th of each year. Written notice of changes to terms and conditions may include, but are not limited to, price, location(s) and number of meals served. II. Other Terms A. Each meal shall comply with Type "A" requirements, set by the United States Department of Agriculture for the National Student Lunch Prog> am for students' nutritional needs. The contents of the menus shall contain such items as are necessary to meet these requirements. B. Meals provided under this agreement shall include: school lunch kit w/milk, straw and other items, as deemed appropriate by the DISTRICT. C. Meals shall be prepared for the CITY locations as specified below. Delivery locations may be added, deleted, or changed if requested in writing by the CITY and approved in writing by the DISTRICT. - Delivery 1: Lytle Creek Comm. Center, 380 S. K St. (Year- Round) G:IUser1REQUEST1Food Service AgreementslCdy of San Bernardino Parks, Rec. Comm. Sites12011 Standard Reimbursable Agreement City of San Bernardine.doc Page 1 of / 2011-118 - Delivery 2: Ruben Campos Comm. Center, 1717 5`'' St. (Year- Round) - Delivery 3: Rudy C. Hernandez, 222 N. Lugo Blvd. (Summer) - Delivery 4: Phoenix West, 1367 N. California Street (Summer) - Delivery 5: Phoenix Central, 1671 N. Sierra Way (Summer) - Delivery 6: Nicholson Community Center, 2750 W. 2nd Street (Summer) - Delivery 7: Center for Individual Development (CID), 8088 Palm Ln. (Summer) D. All notices, invoices, payments, address changes, and other correspondence may be given by United States mail to the following addresses: CITY City of San Bernardino Parks, Rec. & Comm. Svcs. Dept 1350 South "E" Street San Bernardino, CA 92408 PH: 909.384.5332 FAX: 909.384.5160 DISTRICT San Bernardino City U.S.D. Nutrition Services Dept. 1257 Northpark Boulevard San Bernardino, CA 92407 PH: 909.881.8000 FAX: 909.881.8016 ~~ E. Delivery (Deliver, Delivered) within this document is defined as the point-in- time when the CITY takes custody of the meals. III. Payment A. The DISTRICT will not be paid by the CITY for student lunches eligible for reimbursement under the applicable Program(s.) Instead, the DISTRICT will file reimbursement claims for eligible meals, at the current reimbursement rate, which maybe changed from time to time. Any meals provided to the CITY, which do not qualify for reimbursement, shall be billed to the CITY at the current cost. A reimbursable meal shall be defined as the first meal served to a school age participant on any operational day per the site's annual calendar. All second meals provided to school age participants and any Adult meals requested shall be billed accordingly. Left-over and second meals ai~e not reimbursable. B. The cost per Box Style meal to the CITY is as follows: o Student lunch = $2.90 each o Student breakfast = $2.00 each o Student snack = $1.35 each o Adult lunch = $3.05 each o Said rate(s) may be subject to a proportionate increase in the event of a reduction in Federal reimbursement and/or subsidies, if applicable. o Minimum Requirement: Twenty (20) meals for delivery. G'lUserIREQUEST1Food Service AgreementslCity of San Bernardino Parks, Rec. Gomm. Sifes12011 Standard Reimhursable Agreement City of San Bernardlno.doc Page 2 of 7 2011-118 IV. DISTRICT Responsibilities A. The DISTRICT will prepare and deliver meal components, including frozen products as required by menu, at or before the lunch hour each operational day when children are present at the CITY, in accordance with the number of meals requested for that day. B. The District agrees to make every effort to 'deliver meals at the time requested. In the event of mechanical breakdown, act of God, emergency, or other situation which may delay delivery, the District shall notify the CITY of the delay as soon as possible, and shall advise of estimated delivery time. No charge shall be made for meals which are delivered more than two (2) hours after the normal. delivery time. C. The DISTRICT will he responsible for the temperature and quality of the lunches until the time of delivery. Perishable meal components requiring refrigeration will be refrigerated up to the time of delivery. The DISTRICT has provided a thermometer for each location and advised of the correct temperature level that meal components must be heated to for the meal components that require heating. (Note: The DISTRICT is not responsible for replacing thermometer(s) or cleaning supplies.) The DISTRICTwvill also provide serving scoops and instruction for proper serving size, if applicable. D. If applicable, the DISTRICT agrees to pickup any carts and/or containers on the operational day after the operational day of delivery. E. The DISTRICT will mail the CITY an itemized invoice on or before the 25th day of each month for the previous month's deliveries including any billable items, such as: 1) meals that were provided but were not eligible for reimbursement, 2) any adult meals, and 3) any penalty fees. F. If applicable, the DISTRICT assumes all liability for proper use and protection of surplus commodities that may be assigned to it by the CITY. G. The DISTRICT agrees to provide the CITY with monthly menus, one week prior to the beginning of the period covered by said menu as well as the District's annual calendar showing operational days and non-operational days holidays. Such information is also available for viewing at the District's website: www.sbcusd.ernn H. The DISTRICT will maintain all necessary records on the nutritional components of the lunches and the number of lunches delivered to the CITY and make said records available for inspection by State and Federal authorities upon request. I. The DISTRICT shall train the CITY to receive, review, and approve all free and reduced price meal applications; complete meal count reports; edit check G:IUser1REQUEST1Food Service Agreements\C ity of San 9ernardino Parks, Rec. Comm. Sites12011 Standard Reimhursa6le Agreement City of San Bernardino.doc t age 3 of / 2o11-lis reports; perform verification process; and maintain all necessary records to substantiate the above items. J. The DISTRICT shall prepare all claims for reimbursement under its own agreement number and submit the prepared claims. V. CITY Responsibilities A. The CITY understands they are to request by telephone, no later than 12:00 p.m. (noon) on the operational day preceding the operational day of delivery, an accurate number of meals to be delivered. The District shall use the last count received in the event the CITY fails to notify the District in a timely manner the number of meals needed. Errors in count called in shall be the responsibility of the CITY. B. The CITY shall ensure that an individual is available between 8:00 a.m. and 11:00 a.in. (or as mutually agreed with Nutrition Services Department Program Manager) each operational day to receive the requested number of meals and. will immediately notify the DISTRICT if a meal is lacking a component. If the DISTRICT is not notified of a meal lacking a component within'/z hour after delivery, the DISTRICT will charge for the meal. Upon immediate notification, at its discretion, the DISTRICT may either deliver the n>issing component, or there shall be no charge for the incomplete meal. No charge shall be made for meals that are unwholesome according to the standards set by the Public Health Department of the County of San Bernardino. C. The CITY shall provide personnel to serve meals, clean the serving and eating areas, remove all food from carts, carrying cases, pans and/or boxes, and assemble empty items for pick up by the DISTRICT between 8:00 a.m. and 11:00 a.m. on the operational day following the operational day of delivery. The CITY shall pay the cost of necessary repair of replacement of any DISTRICT items damaged or lost as a result of use by the CITY. D. The CITY will provide an annual calendar of its operational days and holidays/non-operational days to the DISTRICT in advance of any deliveries made under this Agreement. The CITY shall also advise the DISTRICT at least three (3) operational days in advance of any non-operational day, to ensure that lunches are not delivered on non-operational days. E. The CITY shall establish collection procedures which are in accordance with State and Federal regulations relating to the overt identification of needy pupils and keep accurate records of the number of free, reduced price, paid, and adult meals served daily. No differentiation between children receiving free, reduced, or paid meals shall be made. The CITY shall follow all requirements of Education Code Section 49557, specifically section (2) which stipulates no overt identification of any of the children by any means. G.1UserIRE~UESPFood Service AgreementslCity o(San Bernardino Parks, Rec. Comm. Sites12011 Standard ~Reim6ursadle Agreement City of San Bernardino.doc Page 4 of 7 2011-118 F. The CITY will assign to the DISTRICT all commodities for which the CITY maybe entitled and the liability for use of such commodities. G. The CITY agrees to pay the DISTRICT, within 30 days from date of invoice, the full amount as presented on the monthly itemized invoice. The CITY will be subject to a penalty fee of $25.00 per month for each month an invoice is not paid on time. Late payments equal to or greater than two monthly invoices will be cause for the District to immediately suspend meal deliveries until the amounts due have been paid, or arrangements satisfactory to the District have been made for payment of all past due invoices. H. The CITY shall serve the correct portion size following receipt of meals, heat specified meal components to temperature indicated, as applicable, and bear the sole responsibility to properly care for a1_l perishable food items after they have been delivered to the delivery site by the DISTRICT until the time of ultimate consumption. L The CITY shall bear the cost of any losses resulting from theft or improper storage once the food or meals are received or delivered to authorized CTTY personnel; the CITY assumes the responsibility to dispose of such arFd return no food items. If the CITY has ordered more food than it is able to consume, it shall not be entitled to any credit on said items from future food orders, and the CITY shall bear the cost of any meals which do not qualify for reimbursement. J. The CITY will receive, review, and approve all free and reduced price meal applications; complete meal count reports; edit check reports; perform verification process, follow and assume responsibility for all reimbursement program guidelines, and maintain all necessary records to substantiate the above items and make said records available for inspection by Federal and State authorities upon request. The CITY will complete Daily Meals Served Reports and fax these reports to the DISTRICT's Nutrition Services Department on a weekly basis. The CITY agrees that it shall fax all Reports for each month no later than the fifth working day after the end of that particular month. The CITY will be subject to a penalty fee of $25.00 per site, per month, when all the Reports have not been received within five (5) days of the end of that month. K. The CITY shall keep on file during the term of this agreement and for a period of three (3) years thereafter a copy of the Daily Meals Served Reports and the Transport Records (meals received) for each operational day covered by this agreement. The CITY agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by the DISTRICT and agrees to cooperate with the DISTRICT in receiving, replying to, and/or complying with any audit exceptions by appropriate state or federal agencies concerning this Agreement. The CITY also agrees to pay to the DISTRICT, within thirty (30) calendar days of demand by the DISTRICT, the full amount G.IUser1REQUEST1Food Service AgreementslCdY of San Bernardino Parks, Rec. Comm. Sites12011 Standard Reimbursable Agreement City of San 8ernardino,doc Page 5 of 7 2011-118 of the DISTRICT's liability to the state or federal government, if any, for meals provided under or due to the operation of this Agreement. On-site inspections shall be conducted, without prior notice, upon presentation of identification by DISTRICT personnel, for the purposes of ensuring compliance with this Agreement. L. Cancellation shall be by thirty (30) days writt~m notice for each delivery location. A notice of less than 30 calendar days will be subject to a penalty fee charged equal to the price of the average number of meals ordered per service day, for the first (5) service days. M. The CITpY shall be responsible for contacting the County Environmental Health for plan approval, obtaining appropriate operational permit(s) prior to providing food service, and successfully passing t~.vo (2) health inspections per school year, per delivery site, or as required, by the Department of Public Health, County of San Bernardino. The CITY shall be solely responsible for any expenses related to resolving any health department findings including, but not limited to, corrective actions and/or site repairs required by the health department. Non-compliance with inspections and/or failure for the site to meet minimum health department requirements is grounds for immediate cancellation of service by the DISTRICT. VI. Hold Harmless The CITY and the DISTRICT each shall, at its own cost, indemnify, defend, and hold harmless the other party and its departments, agents, officers, and employees from any and all claims or sums which either party or any of its departments, agents, officers, or employees maybe obligated to pay by reason of any liability of any kind imposed. upon them, including damages to property or injury or death of persons, arising out of the performance of the services rendered or caused by any error, omission, or act of any person employed or of any others for whose acts either party is legally liable. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorney's fees. Said indemnification shall include, but not be limited to, any liability resulti.a_g from defective or spoiled food once the food has been delivered and any injury to personnel in or about the premises of either the DISTRICT or the CITY. VII. Special Provisions The CITY certifies it will not discriminate, as hereby certified, on the basis of race, color, national origin, ancestry, sex (including sexual harassment), marital status, handicap, disability, medical condition, religion, or age in any of its policies, procedures, or practices in compliance with: Title VI and VII of the Civil Rights Act of 1964, as amended (pertaining to race, color, national origin, and religion); Title IX of the Education Amendments of 1972 (pertaining to sex); G:IUser\REQUESiIFcod Service AgreemenLslCi;y of San 9ernardino Parks, Rec. Comm. Sites12011 Standard Reimhursahle Agreement City of San Bernardino.doc Page 6 of 7 2011-118 Section 504 of the Rehabilitation Act of 1973 (pertaining to handicap); The Age Discrimination Act of 1975 (pertaining to age); The Fair Employment and Housing Act of 1980 (pertaining to ancestry, race, national origin, color, sex, religion, physical handicap, medical~condition, marital status, and age); and The Americans with Disabilities Act of 1990 (pertaining to disability) This non-discrimination policy covers admission and access to, and treatment and employment in, the DISTRICT'S programs and activities. IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. CITY OFiSAN BERNARDINO AUTHORIZED SIG~IAT Printed Name: Charles cNeely Title: City Manager rrr`` f Date: 4'~ ~ i APPROVED AS TO FORM: Special Couns S N BERNARDINO CITY UNIFIED HO DISTRICT ~`l M HAMMAD Z. ISLAM Chief Business and Financial Officer Date: 6' ~~ G:1User1REQUESi~Food Service Agreements\City of San Bernardino Parks, Rec. Comm. Sites12011 Standard Reimdursa6le Agreement City of San Bernardino.doc Page / Of